Lexis® Practical Guidance: Finance & Lending

Critical, up-to-date Finance & Lending practical aids and guidance.

Why Lexis® Practical
Guidance: Finance & Lending?

Users get direct access to critical, up-to-date information and guidance that they can rely on.

Lexis® Practical Guidance Finance and Lending offers a convenient online tool to help guide users through the complex legal landscape of banking and ﬁnance-related matters.

Together, our team of experts and the contributing professionals from Norton Rose Fulbright South Africa Inc. have compiled guidance notes, forms and precedents, checklists and other additional resources. With inclusive access to pertinent and up-to-date legislation, this practice area offers a convenient and comprehensive solution to effectively deal with the complex legal issues that surround banking and finance matters.

Lexis® Practical Guidance Finance and Lending content provides key insights into various topics that include: Lending, the various types of financing and the parties thereto; Security, including personal security, real security and special purpose vehicle structures; Leveraged finance, including the forms and types of leveraged finance; Asset finance; and Project finance, including information on public-private partnerships.

With all the need to know information and resources, this practice area serves to guide users through both the theoretical and practical legal aspects of corporate lending in South Africa.

With Lexis® Practical
Guidance: Finance & Lending you get:

Convenient online access to:

More than 55 Guidance Notes within 16 Topics

45 Forms, Precedents and Checklists – ensuring not a single step is missed

Legislation & Case Law – access to relevant cases at the click of a button

Practice Directives – know what the procedure is in different courts

Other Useful Resources such as flowcharts, external websites and additional readings

Guidance Notes

Useful reference material that offers direct access to relevant case law, legislation and commentary works, and practical know-how on specific areas within Finance & Lending.
A few key guidance notes are outlined below. The full list can be viewed in the complete table of contents.

Cessions in securitatem debiti

This guidance note provides an outline of cessions, including who can provide a cession and the requirements for a valid cession.

It further includes downloadable precedents such as a:

Security Cession Agreement for Bank Accounts

Security Cession Agreement for Book Debts

Security Cession Agreement for a Claim or Right

Security Cession Agreement for Insurance.

Guarantees

This guidance note provides a brief outline of guarantees.

Indemnities

This guidance note provides a brief outline of indemnities and includes information on who can provide an indemnity, the formalities required and what is covered by an indemnity.

Suretyships

This guidance note provides a brief outline of suretyships and explains what a suretyship is, who can enter into a suretyship and the formalities required to conclude a valid suretyship.

It further includes downloadable precedents such as a:

Deed of Surety for co-principal debtors

Deed of Suretyship for multiple debtors with a single surety

Deed of Suretyship for payment under certificates

Deed of Suretyship for a single obligation

Deed of Suretyship for multiple debtors with multiple sureties

Deed of Suretyship with multiple sureties

Deed of Suretyship for a future obligation

Deed of Suretyship.

Vehicle Finance

This guidance note explains what vehicle finance is and discusses the different types of vehicle finance available.

Real Estate Finance

This guidance note discusses what real estate finance is, the principles of this type of finance as well as the facilities that are available. It also contains a precedent of a Loan Agreement.

Hire Purchase

This guidance note explains what hire purchase is and the legislation to be considered when entering into a hire purchase agreement.

Practical Aids

Precedents, checklists and forms that can be used to offer advice confidently and execute tasks accurately.
A few key resources are listed below. The full list can be viewed in the complete table of contents.

Continuing Covering Mortgage Bond

Covering Mortgage Bond

Collateral Mortgage Bond

Sectional Mortgage Bond
- A precedent of a Sectional Mortgage that outlines all relevant clauses that need to be included to conclude a valid sectional Mortgage Bond.

General Notarial Surety Bond

General Notarial Indemnity Bond

General Notarial Collateral Bond

General Notarial Bond

General Notarial Debenture Bond

Special Notarial Bond

Pledge Agreement
- A precedent of a Pledge Agreement that outlines all relevant clauses that need to be included to conclude a valid pledge Agreement.

Security Cession Agreement for Bank Accounts

Security Cession Agreement for Book Debts

Security Cession Agreement for a Claim or Right

Security Cession Agreement for Insurance

Debt Guarantee

Indemnity Agreement
- A precedent of an Indemnity Agreement that outlines all relevant clauses that need to be included to conclude a valid Indemnity Agreement.

Counter indemnity Agreement

Indemnity Agreement - debtor's liability on a promissory note

Loan Agreement
- A precedent of a loan agreement that outlines all relevant clauses that need to be included to conclude a valid loan agreement.

Consent in terms of section 15 of the Matrimonial Property Act 88 of 1984

Notice by creditor to surety of intention to sue debtor

Deed of Suretyship for multiple parties

Indemnity by debtor to surety

Deed of Surety for co-principal debtors

Deed of Suretyship for multiple debtors with a single surety

Deed of Suretyship for payment under certificates

Deed of Suretyship for a single obligation

Deed of Suretyship for multiple debtors with multiple sureties

Deed of Suretyship with multiple sureties

Deed of Suretyship for a future obligation

Deed of Suretyship
- A precedent of a suretyship agreement that outlines all relevant clauses that need to be included to conclude a valid suretyship agreement.

Authors

Bradley Harber

Riza Moosa

B.Com LLB

Bradley Harber is a banking and finance lawyer, and director at Norton Rose Fulbright with 12 years of post-admission experience. Bradley's focus is on secured lending and asset finance, having advised lenders in a number of large leveraged buy-outs and acquisition finance transactions. Bradley also has experience in infrastructure finance (in particular in relation to transactions where credit risk is taken on organs of state), property finance and preference share transactions.

BA LLB LLM

Riza Moosa is a director and Head of the Banking and Finance practice at Norton Rose Fulbright South Africa. Riza advises and leads on high-end complex domestic and international banking and finance transactions. He is experienced at leading large multi-disciplinary teams in complicated debt restructuring, work out and refinancing transactions.